Burch v. Illinois Central Railroad

COLEMAN, Justice,

for the Court:

¶ 1. Plaintiffs filed a wrongful death suit against Illinois Central for the death of their father. The case was dismissed because the three-year statute of limitations had run. Plaintiffs appealed, claiming that the statute of limitations had not expired, because it was tolled while the first suit, filed by the plaintiffs’ mother, was pending.

Facts and Procedural History

¶2. Harold Burch worked for Illinois Central Railroad Company from 1950 to 1988. The plaintiffs claim that Harold was exposed to asbestos during that time. Harold was diagnosed with asbestosis…